Company Cannot Name The Driver

Question:

Are companies obligated to identify the driver when the police photos cannot and when the company cannot specify with certainty who was driving?

Dominic Says:

The company cannot defend this type of allegation on the basis of using reasonable diligence to figure out who was driving at the time, unless the company can show that it was reasonable not to have kept a record. To put that in plain English the company has to keep records of who is driving at any given time.

The company cannot get points for the offence but it will get a fine if it cannot show that it was reasonable not to have a record. This may be possible if there is a system in place but someone didn’t stick to it.

The police are not obliged to provide photos that identify the driver, but if they can’t they will not be able to convict anyone of the speeding offences, they will simply concentrate on the failing to name the driver charge.

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